Advice required on ILR SET(0) dependant - 2year clause

[kunalmehta]

I am approaching to 5 year duration in UK, therefore want to apply ILR through SET(0) for me and my spouse. Hence requesting honourable members to please advice me during the process.

I have read through several month's post but coudln't fetch answer to my queries. Apologies If my first post has appeared under wrong topic ,I ll be happy to modify and re-post as per suggestion.

I entered UK as an deputed employee on 21st Jan 2007 on WP , extended it in mid 2007 before switching to Tier 1(General) in 2009.
My current visa expires on 28th April 2012. I have been employed continuously by lone employer for the whole term.

Query1 I understand that I can appply any date post 28th Dec 2011 but before my current stay expires. Please confirm.
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During my stay I have taken several long trips across Europe and India which are going to be counted as absence from UK unless I provide evidence that many of the trips relates with my annual leave and official work.

Query2. Whilst absence from UK is calculated, I understand the departure date is counted within UK and the arrival date absent from UK. Please confirm. With this logic in place I am out of UK for 171 days, hope I am safe here. Comments please.

If its otherwise, I can request my employer to produce document collaborating my annual leaves with time spent outside UK.
It can be verified in the Bank statement and payslip as well.
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When I was moving home, my April 2011 payslip was lost. Upon request, my employer later issued me cover letter & stamped ,counter signed detailed payslip structure for the month on company letter head.

Query3 My concern is as this document was issued in the month of June 2011, Can UKBA not like it as its something not done recently( as they have mention 1 month manytimes).
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My Payslip has few components i.e Basic Pay, Adjustments,Overtime and Location Allowance.

Query4 I hope UKBA only checks Gross Salary in PaySlip and nothing other than verifying Take-home pay in Bank Statement. Please comment.
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Thanks to the website and associated entities.

Senior Members Please suggest.

[geriatrix]

See also FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders.

[kunalmehta]

@Respected Sushdmehta

Thanks for the reply!!

To be honest , me and my wife have thoroughly read ILR documentation prior to appearing for Life in UK Test.

Query 1: I am confident that I can apply any date post 28th Dec 2011.

I understand Query 2,3,4 are based on individual interpretation and I fear caseworker can take any decision.

With your experience in the system, Can you please provide your view upon same.

I' ll be highly obliged.

[geriatrix]

No offence but it just means that you have not read the "ILR documentation" thoroughly enough.

e.g. -
1. The answer to two of your queries is clearly spelt out in the topic that I have provided the link for.
2. The answer to your query regarding employer letter and previous earnings is available in the Tier 1 settlement guidance (the link for which is also available in the topic referred to above).

[kunalmehta]

Thanks sushdmehta

Now my enquiry relates to dependent stay of 2 years on Tier 1 Visa “319E. Requirements for indefinite leave to remain”.
My wife came in UK on 1st November 2009 on Tier 1 (G)Dependent visa.

My current stay expires on 28th April 2012 and I have booked appointment for ILR for self on 10th January 2012

During calculation of 2 year stay in UK, our short trips(2-3 days) outside UK would be counted or not. Also she spent 4 month outside UK from mid August-December end 2010

My interest is if my spouse can apply with me for ILR for obvious reasons.

Else I understand I need to apply for FLR and SET(M) subsequently for my wife. I reckon thats the way ahead, Can someone please confirm.

Please advice.

[foreign_immigrant]

absences for spouse are not calculated.

You need to provide documents for cohabitation for the last 2 years.
e.g. Rental agreements, statements of joint bank account, council tax on both your names, letters from reputable organizations, utility bills in her name, etc.

There may be a thread which gives more details about the doucments that can be submitted. For my application I gave joint bank accoutn statments, rental agreements and council tax statements.

[kunalmehta]

I am still under the dilemma, if I should go ahead with SET(0)application to obtain ILR for my spouse or not on 10th January 2012.

Tier 1 Dependant visa granted to me wife on 26th June 2009 .
The arrival in UK was delayed due to work commitment.

She has below immigration history

Arrival Departure outside UK days
1st Nov 2009 31st December 2009 2 days
3rd Jan 2010 2nd April 2010 1 day
4th April 2010 14th May 2010 3 days
18th May 2010 10th July 2010 6 days
17th July 2010 17th August 2010 ~4.5 month
1st Jan 2011 13th April 2011 12 days
25th April 2011 in UK

My concern is related to long gap of 4.5 months. Except this holiday, I was along with my wife on all holidays.

During those 4.5 months I also visited India twice overall spending 44 days along with her.

Can senior members please advice me corresponding 319E(D), if shall I go along with her visa processing http://www.immigrationboards.com/viewtopic.php?t=92158 or not corresponding to manage 2 year clause for spouse in UK.

Thanks

[geriatrix]

See also Ambassador's success.